Baldwin Et Al. v. St. Peters Congregation

Defendant moved for summary judgment on the ground that it was a religious charitable institution and therefore not liable for any alleged negligence. In addition to the pleadings, there was submitted an affidavit of the Rt. Rev. Msgr. Julius Chylinski setting up evidentiary facts showing the religious charitable nature of the defendant. The complaint contains allegations asserting a cause of action under the safe-place statute. The defendant filed a further affidavit with a photograph of the premises where the accident occurred, showing the absence of any structural defect in the premises. The trial court granted defendants motion for summary judgment dismissing the complaint, ruling that the accumulation of ice and snow referred to in the pleadings was temporary and due to climatic conditions; and that there was no structural defect which would result in liability of the owner.